Birth Defect Litigation

Some injuries are out of the parents in their control. Families could be faced with huge bills when these injuries require costly procedures and special attention.

A New York birth defect lawyer can assist parents who are shocked to file an appeal and obtain compensation to cover the cost of future expenses. The law has strict deadlines on when claims can be filed.

Statute of Limitations

Modern technology and medical advances have helped reduce the risks of childbirth and pregnancy. However birth defects and injuries still occur. When they are preventable, families need to explore their legal options.

Many birth defect lawsuits stem from allegations of medical malpractice. These lawsuits can result from mistakes made by doctors or nursing personnel at any stage of labor, pregnancy and birth. Medical professionals may also be negligent after the birth of a baby if they fail provide proper treatment.

In general, the statutes of limitations in these cases is 2.5 years from the date of the medical negligence. The time frame is extended for infants. It is essential to speak with an attorney early enough to ensure that all the evidence is gathered, and that a timely complaint can be filed.

In addition to medical malpractice, a lawsuit can also be brought on behalf of a baby for birth defects caused by improper exposure to chemicals and toxic substances that take place during the mother's pregnancy. Specially trained birth defect lawyers can investigate and pursue these claims on behalf of the family.

Parents should be aware of the following characteristics when choosing an attorney to represent them in a lawsuit involving birth defects or injuries:

Medical Malpractice

Birth defects can trigger an array of mental or physical issues. Some birth defects can be fatal. Some of these problems are genetic, but others are caused by exposure to environmental factors or the use of prescription medications during pregnancy.

A medical professional or doctor could be accused of misconduct when they cause a birth defect through their actions or inaction. The most common cases involve medical negligence during the birth or labor process. They also encompass any act of failure to be in compliance with a standard of medical treatment, for instance the failure to diagnose an illness or prescribing the wrong medication during pregnancy.

One example of this type of situation is a drug called teratogens. This medication can cause serious birth defects. When pregnant, doctors usually advise women to stay clear of this medication, which is used to treat seizures. If women are exposed to the drug, then she should submit an action.

It is important that you choose an attorney who has previous experience in these cases. You should choose a firm that has extensive experience in this field. It also works on contingency, so you won't have to pay anything until you win. Look for an attorney with great negotiation and communication skills. This will ensure that your claim is filed before the time limit expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities, which require expensive medical care and accommodations for the child. Most of the time, these issues are genetic, however some of them are caused by chemical or environmental exposure, or by medications the mother consumed during pregnancy.

Pharmaceutical companies are required to test their products properly and warn the public of any risks that could be present. Sadly, birth defect some pharmaceutical companies do not keep up with research or anticipate possible side effects. Some doctors prescribe dangerous drugs to their patients. Moreover, some women are not informed about the dangers associated with using certain drugs during pregnancy. These drugs are known as teratogens and can cause henryetta birth defect lawyer defects in the fetus, such as spina Bifida.

Other substances that could cause birth defects are the chemicals used in the manufacturing and agricultural industries, and heavy metals like mercury which contaminate air or groundwater. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women to harmful chemicals and substances that cause harm to their reproductive health and lead to birth defects.

It is important to collect as many evidences as you can prior to making a claim against the parties accountable. This includes any ultrasound images, blood tests, and medical bills that arose because of the birth defect. This information will help attorneys determine the value of the case.

Product Liability

Pregnancy is one of the most thrilling and stressful experiences a woman can go through in her life. But it's also a period when medical professionals can make mistakes that could lead to birth defects. A top attorney can assist parents in filing a claim and obtaining the compensation they deserve from those responsible for the disability of their child.

While the causes of birth defects are typically unknown to medical professionals but a large proportion of birth defects are linked with exposure to chemicals or the environment. This can include parental exposure to toxic chemicals at work such as glycol ethers and solvents in semiconductor manufacturing, as well as agricultural chemicals used for spraying crops and pesticides.

Additionally, the manufacturers and those who prescribe prescription medicines have a responsibility to inform patients of the risks. Yet, a substantial portion of these medications are sold off-label to women who are pregnant age, without warnings about the risk of birth defects. This is especially true for antidepressants like Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. He focuses his practice on cases involving the occurrence of birth defects caused by exposure of parents to toxic chemicals, such as those used in semiconductor manufacturing and agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.